Does Massachusetts Allow Transfer on Death Deeds?
Massachusetts does not authorize transfer on death deeds. 4 alternatives are available to transfer real property at death without probate.
Why TOD deeds aren't available in Massachusetts
Massachusetts has not adopted the Uniform Real Property Transfer on Death Act and has no statute authorizing transfer-on-death deeds for real property. Mass. Gen. Laws ch. 190B, Article VI, Part 3 (M.G.L. c. 190B, s. 6-301 to s. 6-311) reaches only securities and security accounts registered in beneficiary form. Section 6-101 makes a nonprobate transfer provision inside an insurance policy, account agreement, trust, or similar written instrument nontestamentary, but it creates no recordable deed naming a death beneficiary for real estate.
Massachusetts uses both registered (Land Court/Torrens, M.G.L. c. 185) and recorded (unregistered) land systems. Real-property TOD deed bills have been filed in five sessions and all died. Three were titled "An Act relative to transfer on death real estate registration": H.2132 (187th General Court, Rep. Jennifer E. Benson), H.1583 (188th, Rep. Dennis A. Rosa), and H.1565 (189th, Rep. Rosa), the last of which was sent to a study order (H.4706) on 10/24/2016. Two later beneficiary-deed bills from Rep. Paul W. Mark would have added a new section 70 to M.G.L. c. 183 authorizing a deed that "conveys upon the death of the owner an ownership interest in real property": H.3382 (191st), sent to a study order (H.5081) on 11/12/2020, and H.1764 (192nd), sent to a study order (H.4844) on 6/9/2022. Nothing of either kind has been filed in the 193rd or the current 194th General Court. The only "transfer on death" bill in the 194th is S.2381, which amends the motor vehicle title chapter rather than real property law and was itself accompanied to a study order (S.2783) on 12/4/2025. Massachusetts practice therefore routes real property through a revocable trust, survivorship title under M.G.L. c. 184, s. 7, or a life estate deed. Verified 2026-08-24 against malegislature.gov (General Laws, Session Laws, and bill searches).
Alternatives for Massachusetts
These mechanisms transfer real property at death without probate in Massachusetts:
- •
- •Joint tenancy with right of survivorship
- •Tenancy by the entirety (married couples)
- •Life estate deed
Consult a licensed attorney for help choosing the right mechanism for your situation.
Frequently asked questions
Massachusetts has not adopted the Uniform Real Property Transfer on Death Act and has no statute authorizing transfer-on-death deeds for real property. Mass. Gen. Laws ch. 190B, Article VI, Part 3 (M.G.L. c. 190B, s. 6-301 to s. 6-311) reaches only securities and security accounts registered in beneficiary form. Section 6-101 makes a nonprobate transfer provision inside an insurance policy, account agreement, trust, or similar written instrument nontestamentary, but it creates no recordable deed naming a death beneficiary for real estate.
Massachusetts recognizes 4 alternatives for transferring real property outside of probate: Revocable living trust; Joint tenancy with right of survivorship; Tenancy by the entirety (married couples); Life estate deed.
No. Real property transfers are governed by the state where the property is located. A TOD deed signed under another state's law has no effect on real property in Massachusetts.
Not currently. The most recent bill, H.1764 (192nd General Court (2021-2022)), failed: Accompanied a study order (H.4844) — the customary quiet end. No real-property TOD deed or beneficiary deed bill has been filed in the 193rd or in the current 194th General Court. No TOD deed bill is pending.